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HomeMy WebLinkAboutMIN JULY 23 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JULY 23, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 23rd day of July, 1996, with the following present: HONORABLE: Andrew P. Cokinos Mayor Pro Tem Councilman-At Large Becky Ames Councilman-At-Large Lulu L. Smith* Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Absent: David W. Moore Mayor Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk *(Councilman Smith arrived at 2:05 p.m. after action on Agenda Item 5, Resolution No. 96-173, and at the beginning of the Beaumont Health Facilities Development Corporation meeting.) -000- The Invocation was given by the Reverend Curtis W. Coombs, pastor of Cornerstone Church of the Nazarene. The Pledge of Allegiance was led by Mr. Jack Binks, a member of the ACORN Neighborhood Association. -000- Mayor Pro Tem Cokinos called an Executive Session following the regular session of City Council in accordance with Section 551.074 of the Government Code to consider the appointment or employment of a public officer or employee: specifically the City Clerk. -000- Mayor Pro Tem Cokinos announced that Mayor Moore sends his regrets that a company 219 July 23, 1996 emergency calling him to Houston prevents his attendance at Council today. -000- Citizens were invited to comment on the Consent Agenda and and Regular Agenda Items 3 through 5. Mr. Frank Kiefer, 3190 Willowood, spoke in reference to Agenda Item 5 naming the overpass over Interstate 10 connecting Liberty and Laurel Streets after the Cokinos brothers in honor of their service to the city and community. Ms. Joann Adams, 4890 Littlewood, proposed that action be tabled on naming the new overpass at Interstate 10 to give adequate notice to citizens for input, suggested that it could be named the Bridge of Stars after all the famous people with roots in Beaumont and the surrounding area or the Bridge of Mayors to represent the diversity of mayors that have served Beaumont, possibly one at each corner, and reemphasized her desire that discussion be tabled until citizens are allowed input. Mrs. Delia Harrington, 815 Willow Street, expressed her appreciation for the Cokinos brothers, but said she supports naming the overpass after Mayor Meyers for his contribution to the community. -000- The following Consent Agenda items were considered: Approval of the Minutes of the City Council meeting held July 9, 1996; Resolution No. 96-168 appointing Carolyn Graham for a term expiring September 12, 1996, Sandy Bruce for a term expiring July 22, 1998, and reappointing Karen McKinney for a term expiring March 21, 1998, Dr. Debra Williams for a term expiring October 12, 1996, Lester Volorie,. III for a term expiring February 1, 1997, and Naomi Crockett for a term expiring September 14, 1996, to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect; reappointing Terrance Homes for a term expiring August 2, 1997, and Herman Rogers for a term expiring May 2, 1998, to the Reinvestment Zone No. 1 Board of Directors; appointing Jack Holden for a term expiring October 26, 1996, and Walter Aimsworth for a term expiring December 19, 1996, and reappointing Sally Stokes for a term expiring November 9, 1996, to the Senior Citizen Advisory Committee; appointing Gene Arnold for a term expiring July 22, 1998, and reappointing Raymond Ambres for a term expiring December 21, 1996, to the Small Business Revolving Loan Fund Advisory Committee; reappointing Charlene Kiker for a term expiring February 14, 1998, and Bill Faucet for a term expiring January 17, 1998, to the Library Commission; reappointing Velina Johnson for a term expiring October 12, 1996, and George 220 July 23, 1996 Perrett for a term expiring February 8, 1997, to the Sister City Commission; and appointing Peter Crane to the Keep Beaumont Beautiful Commission for a term expiring July 22, 1998, Resolution No. 96-169 authorizing acquisition of 0.5797 undivided interest of Parcel 32 from Frank Eastman, et al for the appraised value of$7,889.75 for the FM364/Major Drive Project; and Resolution No. 96-170 authorizing an annual contract with TNT Wrecker Service to provide Fleet Department towing services for an estimated annual expenditure of$17,000.00 ($20/each - appx. 500 towing, light duty; $50/each - appx. 100 towing, heavy duty; $5/each -jump start, light duty; $5/each -jump start, heavy duty; $20/each - pull out, light duty; $50/each - pull out, heavy duty; and $5/tenth -work time, 1/10th hour). The Consent Agenda was approved on a motion made by Councilman Davis and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- An ordinance authorizing a zone change from RS (Residential Single Family Dwelling) to RM-H (Residential Multiple Family Dwelling-Highest Density) District for a 3-acre tract out of the H. Williams Survey, at the request of Martin Builders for construction of 64 town homes on the site, with a recommendation from the Planning Director that the tract be rezoned RM-M (Residential Multiple Family Dwelling-Medium Density) District instead of RM-H and a recommendation from the Planning Commission for denial, was considered: ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT FOR A 3 ACRE TRACT OF LAND OUT OF THE H. WILLIAMS SURVEY, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilman Goodson spoke in favor of denial of this request, said that when neighborhoods becomes substantially developed, it becomes more important for City departments and members 221 July 23, 1996 of the Planning Commission to have more input to potential construction, addressed his discomfort in moving from a more restrictive zoning classification to a lesser because it allows a number of uses and the opportunity is available for a builder to change his mind about construction once the property is rezoned. Councilman Goodson said that Council has a responsibility to protect the integrity and value of the residents and businesses already established, and that granting a zone change to an RM-M or an RM-H would give too many opportunities for current owners to sell property to others who might not fulfill the intended obligations. The ordinance was denied on a motion made by Councilman Goodson and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Mayor Pro Tem Cokinos recognized students and their teacher, Antoinette Kelly, from Central High School attending Council to learn more about city government as part of the community school program. -000- Ordinance No. 96-39 amending a Specific Use Permit at the request of St. John's Lutheran Church for a period of time not to exceed 150 days to allow placement of motor homes and travel trailers for use as temporary housing by construction workers with recommendations for approval by the Planning Director and the Planning Commission, subject to the condition that all recreational vehicles be removed from the site no later than 150 days from the actual start of construction, was considered: ORDINANCE NO. 96-39 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ST. JOHN'S LUTHERAN CHURCH TO ALLOW THE PLACEMENT OF MOTOR HOMES AND TRAVEL TRAILERS FOR USE AS TEMPORARY HOUSING BY CONSTRUCTION WORKERS FOR A PERIOD NOT TO EXCEED 150 DAYS. Ordinance No. 96-39 was approved on a motion made by Councilman Goodson and seconded by Councilman Ames. Question: Ayes: All Nayes: None 222 July 23, 1996 Resolution No. 96-171 authorizing Change Order No. 1 in the amount of$351,559.57 to adjust quantities of unit price bid items to provide for extending the length of the 30" peak flow force main approximately 4,119 linear feet to the contract with Allco, Inc. for sanitary sewer improvements to the 23rd Street Interceptor for a total contract amount of $1,801,196.23 was approved on a motion made by Councilman Patterson and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Resolution No. 96-172 authorizing Change Order No. 1 in the amount of $386,914.18 to the contract with Allco, Inc. for the South Park Drainage Project-Phase I to delete asphalt streets and add reconstructed concrete streets on Chaison Avenue, Brockman Street and Virginia Street after installation of storm sewers was approved on a motion made by Councilman Patterson and seconded by Councilman Davis. Question: Ayes: All Nayes: None Councilman Davis complimented the City Manager for wise and prudent action taken in the decision to rebuild the streets with a better, stronger concrete base that will service the community longer and be an ultimate savings for the City. -000- Resolution No. 96-173 naming the overpass over Interstate 10 connecting Liberty and Laurel Streets in honor of former Mayor Maury Meyers was read by the City Manager: WHEREAS, in Southeast Texas, the name Maury Meyers has become synonymous with public service and leadership; and WHEREAS, Maury Meyers has served four (4) terms as Mayor of the City of Beaumont. The first two terms, 1978-1982, saw multi-million dollar capital improvement programs for the city, an unprecedented city-wide residential street rehabilitation program, a $31 million bond issue for major thoroughfare improvements, and a solution to the Railroad Avenue grade separation problem that had plagued the city for decades; and WHEREAS, during his second two terms, 1986-1990, Maury Meyers focused on reversing the economic downturn of the region by job creation. He organized the world's largest Economic Development Committee, headed an Economic Summit Conference attended by more than 5,000 persons, initiated downtown revitalization in partnership with the private sector, revived the always-existing, but previously sagging, community spirit and sense of unity resulting in an outpouring of volunteerism in the city exemplified by "Sunday in the Park," "Operation Clean Street," and "Adopt-A-Park." Maury Meyers has been recognized nationally for his vision and leadership and, in the last fifteen (15) years, has been instrumental in improving, geometrically, the quality of life in the City of Beaumont; and WHEREAS, it is altogether fitting that Maury Meyers be honored by the City of 223 July 23, 1996 Beaumont for his untiring efforts for the betterment of this community and the entirety of Southeast Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the overpass over Interstate 10 connecting Liberty and Laurel Streets to Phelan Boulevard be and the same is hereby named the "Maury Meyers Overpass" and the citizens of Beaumont are urged to participate in the ribbon cutting ceremonies on July 30, 1996, at 9:30 a.m., which will open this important east/west overpass and name it in honor of Maury Meyers... On behalf of Mayor Moore, Councilman Davis said this resolution is a very important item. He remarked that Mayor Moore worked with Maury Meyers during his tenure as mayor and said he did an excellent job. Councilman Davis responded to those who spoke about the Cokinos family by saying they are a very good family and have done a lot for the citizens of Beaumont. He further stated that he feels there will be opportunities in the future to recognize them. Also, Councilman Davis said that the ideas of collectively recognizing the diversity of mayors, honoring local stars such as Tracy Byrd and those who have done a lot for our city are good, and occasion for honoring them will be available in the future, and repeated that there will be a time to do something very nice for the Cokinos family. Councilman Davis said Maury Meyers is a very special leader. He recalled, as a young man, hearing discussions between his father, Judge John Paul Davis, and former Councilman Calvin Williams about Maury Meyers and their opinions of him. Councilman Davis said that upon meeting Mr. Meyers, he found him to be "a leader, a man of vision, ... said what was on his mind and didn't back up very much." Councilman Davis stated that one reason his father became the first Black judge in Southeast Texas is because of the bold leadership of Calvin Williams and Maury Meyers. He said that Maury Meyers was a leader for the entire city, not just one segment, and he thinks because of that fair and unique leadership, Mayor Moore suggested naming the overpass after Maury Meyers, and said he supports passage of the resolution. Councilman Goodson said he has observed that some of Council's hardest decisions to address deal with planning and zoning matters and naming structures and facilities. He expressed appreciation for all of the suggestions presented today. Councilman Goodson said that he did not serve on Council with Maury Meyers, but as did Councilman Davis, he has observed what Mayor Meyers has done for the city. He mentioned that the overpass bridge is an interesting parallel to the efforts of Maury Meyers. He discussed the difficult times for the City of Beaumont after the ESM loss of$20 million, that Mr. Meyers came out of retirement to serve as mayor for another two terms, to pick up the torch in an effort to salvage circumstances, said those were hard times with hard decision and that it takes big people to make a hard decision. He commented the Interstate serves as an east/west divider for the city with a sometimes "west of the Interstate mentality" and "east of the Interstate mentality," and the bridge speaks to him of what Maury Meyers started and what this Council strives for--to unite as a Council. He said the overpass links the city and is symbolic of what Maury Meyers believed, typifies a statement of appreciation for his example and said he supports the suggestion of Mayor Moore to name the overpass after Maury Meyers. 224 July 23, 1996 Councilman Ames concurred with comments of Councilman Goodson, said she also was kept aware of Mr. Meyers' community service through the media and respected his leadership and the hard decisions made, and commented that one of Council's hardest choices is in commemoratively naming structures or sites because individually we all have different reasons or criteria for selection. She said that Council does listen to suggestions, and, hopefully every deserving person will be appropriately remembered, and said she supports Mayor Moore's selection for naming the overpass. Mayor Pro Tem Cokinos told audience members that he appreciated the kind remarks made about his family and the honor of their recommendation. Councilman Patterson added her appreciation for the comments and suggestions of the citizens, said she has not personally met Maury Meyers, but attended Council meetings when he was mayor and respected the difficult decision making, the manner in which he conducted meetings and his service to the community, and said she supports naming the overpass after him. Resolution No. 96-173 was approved on a motion made by Councilman Davis and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- (Councilman Smith arrived at 2:05 p.m.) The regular session of City Council was recessed to conduct a meeting of the Beaumont Health Facilities Development Corporation. -000- The regular session of City reconvened with the following Councilmembers present: HONORABLE Andrew P. Cokinos Mayor Pro Tem Councilman At Large Becky Ames Councilman At Large Lulu L. Smith Councilman, Ward Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Absent: David W. Moore Mayor Councilman Davis thanked residents of the East Lynwood Neighborhood Association for inviting 225 July 23, 1996 he and Councilman Smith to attend a very productive and interesting meeting; said it important for citizens to become involved in their neighborhood associations to better recognize and address their problems; and reported that last Saturday three homes in the Charlton-Pollard neighborhood were opened and all have been sold. He remarked that being involved in giving opportunity to experience the "American Dream" and improve one's quality of life by becoming a homeowner is a wonderful thing, and that the City of Beaumont assists very well in that area. Councilman Goodson ask Mr. Lyn DeMary, president of the Beaumont Federation of Neighborhood Associations, to meet with him after Council regarding the possibility of establishing a new neighborhood association in the northwest section of the city at the request of a citizen. -000- Ms. Sylvia Faulk, 3435 Bennett Road, spoke about and presented an informational petition containing approximately 245 signatures requesting that the proposed public library at Lucas and Helbig Road be named the Perry Busby, Jr. Public Library after the former pastor of Borden Chapel Baptist Church because of his inspirational leadership in the church and in the education of students in the Beaumont Independent School District. Mr. Jack Binks, 350 Potter Drive, addressed Council to speak about blowing of train whistles being in compliance with established laws and to request that an individual or committee be appointed to research the issue. Mr. Binks cited 1940 laws and gave background information to substantiate his request. Councilman Goodson commented about Mr. Binks' patience with the issue of excessive whistle blowing by trains and pointed out that there are other affected areas of the city that have suffered. He reported that initial inquiries have been made through the Railroad Commission and asked that City staff formally contact the Railroad Commission Regional Office in Houston or in Austin to assist with the problem. Mr. Ivory Pugh, 5750 Stanford, thanked Officer Dotson for supplying him with a requested police report and said he is waiting for three more. He talked about his son being beaten and his request to receive affidavits from police officers who witnessed the incident. Mr. Frank Kiefer, 3190 Willowood, presented Council with a video tape for review, said he is addressing Council on behalf of his neighbors at 3150 Willowood. He pointed out that in addition to Willowood, there is a South Willowood and a North Willowood. Mr. Kiefer said an inspector from Keep Beaumont Beautiful investigated a complaint of high grass at 3150 South Willowood, and a letter of warning was sent to 3150 Willowood and the residents want a letter of apology for mistakenly sending the notice to them. Ms. Rose Sims Bates, 5080 Helbig Road, Apartment 43, told Council she is distraught and upset, claimed harassment by the Police Department and management of Plymouth Village, gave sparse information about an arrest and requested a meeting with Councilman Davis. 226 July 23, 1996 Mrs. Cindy Johnson, 5080 Helbig, Apartment 40, told Council that the Civilian Review Board procedure does not work, claimed there is no justice in filing complaints with Internal Affairs and spoke of mistreatment by Police Officers, Mrs. Johnson complained that Captain Kelly sits on the Board as well as receive complaints, expressed displeasure with Captain Kelly's attitude, and said he should not be the first and last person seen on a complaint and discussed previous charges of, her husband's case. Mr. Tony Sacker, 4635 Elmherst, complained that public input was not considered on Agenda Item No. 5 naming the overpass over Interstate 10 connecting Liberty and Laurel Streets. Mr. Charles Johnson, 5080 Helbig Road, addressed Council regarding a Citizen Review Board, spoke of bringing others to Council meetings, spoke against Plymouth Village management and claimed Police Officers are becoming involved in eviction of tenants by making false statements. -000- There being no further business, the meeting was recessed to reconvene in executive session. -000- 1, Barbara Liming, Deputy City Clerk for the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held July 23, 1996. Barbara Liming, Deputy City Clerk 227 July 23, 1996